Hunter v. Voigt
Superior Court of Pennsylvania
Appeal, No. 13, Oct. T., 1898, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., .1896, No. 97, on verdict for defendant. Replevin. Before Bbégy, J. It appears from tbe record that plaintiff, Daniel C. Hunter, issued a writ of replevin directed against Anna Yoigt, the defendant, for a certain piano of the value of $200. Defendant entered a claim property bond and the piano was redelivered to her.
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Appeal, No. 13, Oct. T., 1898, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., .1896, No. 97, on verdict for defendant. Replevin. Before Bbégy, J. It appears from tbe record that plaintiff, Daniel C. Hunter, issued a writ of replevin directed against Anna Yoigt, the defendant, for a certain piano of the value of $200. Defendant entered a claim property bond and the piano was redelivered to her. The common declaration in replevin was filed to which defendant pleaded non cepit and afterward by leave of court the plea of property was added. At the trial counsel for plaintiff…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of replevin for a piano let 'by George E. Dearborn to the defendant under a contract of bailment which provided that upon default in the payment of instalments the lessor might retake possession. The defendant gave bond and retained the piano and pleaded “non cepit” and “property.” The only evidence of title offered by the plaintiff was an assignment to him of all Dearborn’s right, title and interest in the lease. Upon cross-examination the plaintiff admitted that the assignment was without consideration, that it was made in order that suit might be…
2Cases cited3 opinions
- Bohan v. Avoca BoroughSupreme Court of Pennsylvania · 1893
- Jackson v. LitchSupreme Court of Pennsylvania · 1870
- D. M. Osborne & Co. v. WalleySuperior Court of Pennsylvania · 1898
3Cited by1 opinion
- Miller v. HendersonSupreme Court of Pennsylvania · 1905